A Queens mom has sued New York City for a missing stop sign that caused the Uber she was riding in to crash, injuring herself and her one-month-old son. The mother, Oddeth Davidson, was traveling with her infant son, Kaiden Brown, in a ride-share vehicle when another car T-boned the Uber in Cambria Heights at the intersection of […]
Motor Vehicle Accidents
Family of Son Killed in Drunken Cop’s Car Crash Sues Former Cop and Local Bars
The family of Isaac Ward, the 27-year-old man killed in a drunken car crash by a New Rochelle police officer, filed a lawsuit against the cop and the three bars that over-serving the police officer in January 2017. Penelope Ward, Isaac Ward’s mother, said the police officer, Harry Kyreakede, and three local bars – Brazen Fox, Brother Jimmy’s BBQ […]
NY Court: After Drunk Son Drives Father’s Car Through House, Father May Be Liable
In 2012, a Long Island man, Daniel Sajewski, rammed his father’s red Mercedes-Benz through a Huntington house, narrowly missing the two elderly sisters that lived in the residence. Sajewski was, perhaps predictably, intoxicated – blowing an off-the-chart 0.30 on a breathalyzer, far exceeding New York’s 0.08 limit. In addition to losing their belongings (including a […]
As a “Textalyzer” Comes Closer to Reality in NY, Civil Rights Advocates Clash With Safety Groups
New York State may be the first state in the country to equip police with a Textalyzer, meant to check whether a driver was using his or her phone immediately preceding a crash. Governor Andrew Cuomo has directed the Governor’s Traffic Safety Committee to study the technology and the inevitable issues it could create for New […]
After Leg Amputation Caused by Hospital Delay, Man Sues
On September 22, 2015 Delfino Cuautle was forced to have his leg amputated after a series of bureaucratic errors at two different New York City hospitals led to a 13-hour wait and a fixable medical problem turned into a mandatory amputation. Alleging medical malpractice, Cuautle is suing for $24 million in damages caused by the hospitals. On the […]
Speed and Age Found to be Important Considerations in Fatal Pedestrian Accidents
In 2011, a researcher from the Triple AAA Foundation for Traffic Safety published a report on the death rate in pedestrian-car accidents based on federal study of car crashes from 1994-1998; the study found the faster a car was going or the older the pedestrian, the deadlier the outcome of the accident. Lena Groeger, the author of the […]
Second Department Finds Police Report Was Improperly Admitted into Evidence; Orders New Trial
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order for summary judgment in favor of the defendant driver in a pedestrian car accident case. The plaintiff was a pedestrian who was crossing the street when she was injured after being struck by the defendant’s car. The plaintiff argued that the defendants negligently drove […]
Plaintiff’s Spinal Injuries Found to Constitute a Significant Limitation under Insurance Law 5102 (d)
The New York Supreme Court, Appellate Division, First Department held that the plaintiff had properly raised a triable issue of fact as to whether she suffered significant and/or permanent limitations to her spine as required under the Insurance Law. The plaintiff was injured in an auto accident due to the defendant driver’s negligence. The plaintiff suffered […]
Plaintiff Police Officer’s Case Car Accident Case Will Proceed Due to Lumbar Spine Injuries
The New York Supreme Court, Appellate Division, First Department modified a trial court order that granted the defendant’s motion for summary judgment and dismissed a negligence complaint in a car accident case. The First Department dismissed the claim under the 90/180 day rule but allowed the plaintiff to proceed with the “permanent consequential” and “significant” limitations […]
Drunk Driving at All-Time Low, Driving while on Drugs at All-Time High
The National Highway Traffic Safety Administration has worked tirelessly to increase awareness of the dangers of drunk driving in an effort to stamp out driving while intoxicated. While surveys show that drunk driving has declined and is at an all-time low, driving while under the influence of marijuana or prescription drugs has increased dramatically. The […]
Police Officer Who Ran Over Pedestrian May Be Liable for Wrongful Death
Late at night on March 30, 2015, a West New York police officer was making his way to work. Driving in his personal vehicle, a blue 2013 Honda Accord, the rookie officer was making his way down JFK Boulevard in North Bergen when he encountered the victim. The victim was a young man who was […]
Car Accident Attorney Report: Lynyrd Skynyrd Drummer Dies in Late Night Car Accident
Just before midnight on April 3, 2015, Lynyrd Skynyrd drummer and founding member Robert Burns Jr. died in a single-vehicle car crash. Burns was driving through Cartersville, Georgia on a winding road. As he approached a curve, he lost control of his car, swerved, hit a mailbox, and crashed into a tree. Though he was still […]
New York Car Accident Case Revived By Second Department Under Insurance Law 5102 (d)
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order granting summary judgment for defendants in a car accident case recently. The Court held the plaintiff did suffer from a “serious injury” to the spine as defined by statute following a car accident. See Yeu Jin Baik v. Enriquez, 124 AD3d 880 (2nd Dept. […]
Shopper Killed in Great Neck, New York after Car Crashes into AT&T Store
On the morning of Monday, March 30, 2015, an elderly driver of a 2006 Toyota Rav4 drove into a shopping center parking lot in Great Neck, New York on Northern Boulevard by Nassau Road. For some reason, the driver was unable to bring her car to a stop in a parking spot in front of […]
A Rear-End Car Collision Is a Prima Facie Case of Negligence
The New York Supreme Court, Appellate Division, Second Department affirmed an order denying defendant driver’s motion for summary judgment in a rear-end car accident case. In 2011, the two plaintiffs were in their car waiting at a red light at the intersection of Ninth Avenue and 49th Street in Brooklyn, New York. While waiting, the […]
Study: Eating while Driving Accounts for 80% of All Car Accidents
Each year, an astonishing 1.3 million people die in car crashes, and a whopping 20-50 million are injured. Car accidents are the 9th leading cause of death among adults and the #1 cause of death among young people. These crashes cost U.S. citizens over $230.6 billion each year. The vast majority of these accidents are caused […]
NHTSA Determines that Seat Belt and Drunk Driving Laws Saved over 13,000 Lives in 2012
The United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) recently released a Traffic Safety Facts – Research Note which summarizes the statistical date on lives saved by the implementation of seat belt laws and minimum drinking age laws. The note estimates that over 13,000 lives were saved by these provisions. The NHTSA […]
New Trial Ordered in Brooklyn Car Accident Case After Jury Verdict Sheet Deemed Unclear
In Ki Tak Song v Oizumit the Appellate Division, Second Department reversed a jury verdict for the defendants and ordered a new trial after it found that the jury was confused when filling out its verdict sheet. The Plaintiff, Ki Tak Song, was suing the plaintiffs Yoko Oizumi and Daniel Oizumi for personal injuries he […]
Case Study: The “Serious Injury” Threshold
Lonnie Gates was rear ended by a truck owned by Sears, Roebuck and Co. and driven by Gene H. Longden. Under New York State’s no-fault insurance rule, a person injured in an automobile accident may recover for medical bills and other economic damages from the insurance company covering the vehicle they are riding in, or are hit by, regardless […]
Syracuse Police Officer Who Ran Red Light Without Stopping Liable for Injuries To Other Driver
In Ruiz v Cope, the Appellate Division, Fourth Department affirmed a decision by the Supreme Court of Onondaga County to award a man money damages after a non-jury trial against a police officer, Brendan Cope, the Syracuse Police Department, and the county. At the time of the accident Cope was being field trained under a […]
Appellate Department Upholds Right of Plaintiff to Impeach Doctor Based Upon 1099 Records
In Dominicci v Ford, an appeal to the Appellate Division, Fourth Department from a July 3, 2014 decision by the Supreme Court of Monroe County, the appellate court affirmed the lower courts decision to deny a request from State Farm Automobile Insurance Company to quash a subpoena for records belonging to a doctor working for […]
8 Tips for Avoiding a Nighttime Auto Accident
Studies show there are increased incidents of auto accidents during than during the day. Nighttime driving can be more than annoying. For some drivers it can also be dangerous. Low-light conditions lead to decreased depth perception, ability to distinguish color, and worsening of peripheral vision. Additionally, people tend to be more tired at night. From bad vision […]
Elderly Driver in Diabetic Shock Crashes into White Plains Gas Station
A 69-year-old driver who was in diabetic shock crashed his vehicle into a gas station off of the Hutchinson River Parkway in White Plains in June 2014. The elderly man, who was incoherent at the time of the accident, was pulled from his burning car by an off-duty state trooper before it was engulfed in flames. The […]
NY Cardiologist Charged with DWI after Car Crash Kills Mother of Three
Thomas Stavola, a 54-year-old cardiologist, was arrested and charged with a DWI in June 2014 after he crashed into a vehicle driven by Monica Peterman, a 45-year-old mother of three. Peterman was taken by ambulance to St. Catherine of Siena Medical Center, where she was pronounced dead. Stavola was taken to Stony Brook University Hospital where he was […]
Federal Report: Motor Vehicle Crashes Cost U.S. Economy $871 Billion Per Year
According to a May 2014 report released by the National Highway Traffic Safety Administration (NHTSA), automobile crashes cost the U.S. economy $871 billion in 2010. The costs include lost productivity, property damage, and medical and rehabilitation care. The economic impact also includes court and legal costs, emergency services costs as well as costs associated to insurance premiums. […]